Court Rules that Google Books is Fair Use, Not Copyright Infringement

A ruling in favor of Google after 8 years of litigation about Google Books since it “has become such an important tool for researchers and librarians that it has been integrated into the educational system — it is taught as part of the information literacy curriculum to students at all levels.” On November 14, 2013 US Circuit Judge Denny Chen (Second Circuit) granted Google’s motion for summary judgment which included the following:

…Google is entitled to summary judgment with respect to plaintiffs’ claims based on the copies of scanned books made available to libraries. Even assuming plaintiffs have demonstrated a prima facie case of copyright infringement, Google’s actions constitute fair use here as well. Google provides the libraries with the technological means to make digital copies of books that they already own. The purpose of the library copies is to advance the libraries’ lawful uses of the digitized books consistent with the copyright law.

Peter S. Vogel is a trial partner at Gardere Wynne Sewell LLP, where he is Chair of both the eDiscovery Practice and Internet, eCommerce, and Technology Industry Team. From 1997 until 2009, Peter served as the founding chair of... More...

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Internet, eCommerce & Technology Industry Team

The Gardere Internet, eCommerce and Technology Team assists clients that operate in regional, national and global technology markets. The Internet has transformed social communications and business operations, and our attorneys have years of diverse experience dealing with the distinct needs associated with technology. We are experts with legal issues and concerns that face technology businesses that now operate in a global Internet community.